Write a comparative analysis of the two judges’ arguments

Write a comparative analysis of the two judges’ arguments.

Write a comparative analysis of the two judges’ arguments. In the Al-Kateb case (Al-Kateb v Godwin [2004] HCA 37) the High Court decided in a tight vote (4 to 3) that an asylum seeker whose application was rejected, but who could not be removed because no country would accept him, can be kept in immigration detention indefinitely. In particular, Justices McHugh (with the majority) and Kirby (on the dissenting side) presented contrasting paths of legal reasoning, based on different interpretations of The Migration Act 1958(Cth). Your task is to provide a comparative analysis of the two judges’ arguments, highlighting how they reflect different understandings of the concepts we discussed in Units 1-4 (rule of law, formalism, etc.)

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